2003 (5) TMI 473 - Commission - Customs

Summary

Issues:
1. Allegation of illegal import and clearance of tin plates.
2. Concealment of tin plates and misstatement in the Bill of Entry.
3. Admissibility of settlement application in light of relevant legal judgments.
4. Argument of misclassification versus non-declaration of goods.
5. Application rejection based on non-declaration and smuggling.

Issue 1: Allegation of illegal import and clearance of tin plates
The case involves M/s. Chen Sing Ventures allegedly illegally importing and clearing 48.43 MTs of tin plates by concealing them in consignments declared as Non-Alloy Steel Melting Scrap. The applicant was accused of intending to evade payment of customs duty, suppressing the fact of concealment, and willfully misstating the imported goods as Non-Alloy Steel Melting Scrap. The Customs Act provisions were invoked for demanding customs duty, confiscation of goods, and imposing penalties along with interest.

Issue 2: Concealment of tin plates and misstatement in the Bill of Entry
The settlement application by M/s. Chen Sing Ventures contended that the tin plates might have inadvertently mixed up with the imported scrap consignment. Discrepancies in test reports were highlighted to contest the duty liability. However, during the hearings, it was revealed that the tin sheets were intentionally imported in the guise of scrap to evade customs duty, as admitted by the partner of the applicant firm. The case was characterized as non-declaration and smuggling rather than misclassification.

Issue 3: Admissibility of settlement application in light of legal judgments
The settlement application's admissibility was questioned based on a judgment of the Madras High Court regarding a similar case. The Advocate argued that the case was about misclassification, while the Revenue representative contended it was non-declaration of goods. The Bench adjourned hearings to review examination reports and Bs/Es to determine the application's fate.

Issue 4: Argument of misclassification versus non-declaration of goods
The Advocate's argument of misclassification was refuted by the Bench, emphasizing the lack of details of the impugned goods in any documents. The applicant had imported and cleared the goods without declaring them to customs, indicating a case of non-declaration and smuggling rather than misclassification.

Issue 5: Application rejection based on non-declaration and smuggling
Ultimately, the Bench rejected the settlement application of M/s. Chen Sing Ventures, concluding that the applicant had imported and cleared the goods without declaring them, constituting a case of non-declaration and smuggling. Consequently, the application of the partner of the applicant firm was also rejected, and both applications were disallowed to proceed further under the Customs Act provisions.

This detailed analysis of the legal judgment involving M/s. Chen Sing Ventures highlights the issues of illegal import, concealment of goods, misstatement in documentation, admissibility of settlement application, and the distinction between misclassification and non-declaration leading to the rejection of the applications due to non-declaration and smuggling activities.